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Report No. 69

Chapter 6


I. Introductory

6.1. Introductory.-

We shall now consider the definitions contained1 in sections 3 and 4. Some of the definitions given in the Act require careful scrutiny, having regard to the obscurity felt with respect to their scope and meaning. Of particular interest in this connection is the definition of "evidence". Another definition which is of importance is that of "relevant fact". The question to be considered with reference to the latter definition is more basic, and will be discussed in detail later.2 The question does not pertain to the content and form of the particular definition, but concerns the scheme of the entire Act in regard to its terminology, i.e., concept of "relevant facts" as distinguished from "admissible evidence".

1. Section 2 is repealed.

2. See discussion at the end of this Chapter, as to "relevance".

6.2. Importance of definitions in the Act.-

The definitions given in sections 3 and 4 are of vital importance. Many of them are fundamental for understanding the scheme of the Act and application of the Act. For example, the definition of "court" is of importance, because the Act applies only to "courts" under section I. Similarly, the definitions of "facts in issue" and "relevant facts" are important, because, in general, evidence can be given only of these facts.1 Again, the definition of "evidence" indirectly lays down the scope and meaning of numerous sections in the Act which employ that expression.

1. Section 5.

Indian Evidence Act, 1872 Back

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